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Category Archives: Ozarks economy

New library facilities are a huge asset to Christian County


I heard some fine music on August 11 at the newly-renovated Ozark branch of the Christian County Library from Kicking Jacksie!

As you can see in the photo, we were in a bright meeting room that is available to the public. The windows overlook the Finley River Park, where a mud-run had just been completed and where on other days and nights you can see barrel racing at the Finley River Saddle Club arena, various amateur athletic events, the county fair and people having picnics or paddling kayaks.

In our public discourse, we glorify entrepreneurship and the for-profit engines that drive our economy. But what I saw Saturday reminds me that the nonprofit sector—including the government—plays a big part in providing some of the best things in our lives, such as parks and libraries, when citizens are willing to tax themselves.

Last December, I was privileged to be asked to provide legal counsel to the board of directors of the Christian County Library District and the capable director Geri Godber and assistant director Katy Pattison.

The Christian County voters had the good sense to vote an increase in the District’s property tax levy by a 2-1 margin in August 2017. A mere twelve months later and the District has delivered an 8,000 sq. ft. branch in Nixa in a former office suite leased (with a purchase option) from Southern Bank and a complete renovation of the original branch in Ozark, adding a children’s reading room.

For both the Nixa and Ozark projects Sapp Design Architects, led by project architect Devon Burke and senior project manager Jim Stufflebeam, provided designs and Nesbitt Construction was the general contractor.  Michael Strong of George K. Baum & Company was the District’s financial consultant, assisting with the issuance of certificates of participation.

I’ve rarely worked on renovation projects with so much cooperation and so few problems. Nor have I worked on many projects where women (Geri, Katy, Devon and most of the District’s board members) made almost all the decisions. Though my role in the District’s projects has been tiny, I’ve rarely been more proud to be associated with a client’s endeavor.

At the Ozark library, you can check out live music and other performances from time to time, and you can also check out a rod and reel and tackle box or cake or muffin pans. And there are lots of books and movies. You can use a computer that may be connected to databases that aren’t available on Google and get help from a trained librarian. There’s a room full of local history materials. Separate spaces for little kids, tween and teens, with furniture and books to fit them, will help them enjoy using the library.

Getting back to the music–which is linked to books–Jack Bowden of Kicking Jacksie! is a teacher in Hermitage who formerly entertained at Silver Dollar City, where he hooked up with drummer Andy Holloway and bassist Shannon Thomason.

Jack is a participant in Wild Bob’s Musical Book Club. This book club publishes a list of books for upcoming months. Songwriters write a song related to or inspired by the book of the month and congregate at Lindberg’s on Commercial Street once a month to perform the songs that each has written. Literature and music fuel our spirits and imaginations, so that we can go on working. For the performance at the Ozark library, the two songs inspired by Where the Wild Things Are were big hits for all ages.

Everywhere I go, libraries are popular. They offer many things besides quiet spaces, including spaces with pleasant noise, helpful librarians, cake pans and fishing equipment.

One big difference between searching for information at a library and on the internet is that the internet is driven by mechanisms that obtain information from you and select information to give to you, including advertisements, based on what the advertising clients of Google and Facebook want you to see. Libraries aren’t like that.

Christian County has library facilities to be proud of and dedicated board members and employees. The 20 cent per thousand levy provides knowledge and entertainment. Even in an off-year election, Christian County voters turned out and did themselves a huge favor. More facilities are planned for the west and east ends of Christian County.

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Brooks Blevins’s refreshing new book, A History of the Ozarks, Volume 1, The Old Ozarks


Brooks Blevins has given us a fresh and refreshing new look at the early history of the Ozarks in the first volume of A History of the Ozarks, published in July 2018 by the University of Illinois Press. I bought my copy through Amazon.

This history is refreshing because it includes many aspects of Ozarks history that I have learned and forgotten, as well as including lots of things that I never knew.

It is fresh because it does avoids the errors of many histories of the Ozarks. The introduction is essentially an essay to counter the stereotyping of the people of the Ozarks. I highly recommend the book just for this part.

In addition, the book sidesteps many errors of previous histories, rather than:

  • being confined to either the Arkansas Ozarks or the Missouri Ozarks, Blevins covers both and a little of the Oklahoma Ozarks,
  • overlooking the contributions of women in commerce as well as on pioneer homesteads, instead, he tells us about Betty Black’s ferry and Polly Hillhouse’s pioneer farming enterprise,
  • treating Indians as as though they were here and suddenly gone, we learn about the internal divisions among the Osage as they confronted loss of hunting lands, as well as many other groups of Indians who lived in the Ozarks while being pushed westward, eventually to Indian Territory,
  • describing the landscape merely as rugged and rocky with poor soils, we learn that different groups of settlers had different preferences and abilities, which were applied to various types of forest, prairie and bottomlands, and
  • leaving out slavery and the economic contributions of enslaved persons, the earliest substantial industries, such as the Maramec ironworks, depended heavily on involuntary servitude, as did the founders of Springfield

There’s a good balance of cultural history, political history and economic history, leavened with a few tall tales, such as that of Duke, who tamed a herd of elk calves and taught them to pull his wagon, carrying him away from the Ozarks when too many settlers came in.

I’m anxious for the next volume, which takes up with the gathering clouds of the Civil War.

 

A Grandchild’s view from The Backseat of Two Old Folks’ Car


Marshall Hill and his wife Tami and their granddaughter Tinley had a wonderful vacation to the Black Hills and Mount Rushmore. They made this beautiful music video to remember it by:

Libertarian support for federal regulation of dog walkers?


Regulation of providers of local services–barbers, real estate brokers, taxi cabs, etc.–is traditionally a function of state and local governments. Not discerning any great effect on interstate commerce (i. e., no significant campaign contributions), the United States Congress has stayed out of this field.

Many economists and politicians, especially those with a libertarian bent, wonder why a manicurist or a hair braider, needs a license.  Restrictions on entry into an occupation protect the license holders from competition and allow them to raise their prices.

I have read that at the peak 17% of the United States labor force was in trade unions. Now, about the same percentage has occupational or professional licenses, while trade unions have lost their clout and amount to 3% of the labor force. My guess is that those who hold occupational licenses are more likely to vote Republican, while trade union members once gave great power to the Democratic Party.

Tyler Cowen, an affable academic economist with a libertarian outlook, advances the argument in a recent Bloomberg column, that federal regulation of these occupations would be a better alternative than allowing state and local regulation to continue:

My radical proposal is therefore for the federal government to preempt as much occupational licensing as is possible. That’s right, these functions would be taken away from the state and local governments.

Unfortunately, I don’t expect the federal bureaucracy to usher in the reign of Milton Friedman’s Chicago School economics. But the federal regulatory process would likely pay less heed to local special interests, and it would produce a more homogenized and less idiosyncratic body of regulatory law more geared toward the most important cases, such as medicine and child care. The federal government is less likely than many state and local governments to obsess over licensing rules for fortune tellers, florists and athletic trainers.

Though the Commerce Clause was stretched pretty far by the Warren Court in the 1960s, I doubt that the current Supreme Court would allow Congress to regulate dog walkers and hair braiders.
Cowen’s rationale is that federal power may be justified to keep state and local governments from infringing on economic freedoms:
Keep in mind that the alternative to my suggestion is not the status quo but rather a regime where occupational licensing becomes progressively worse at multiple levels of government. The defense of liberty requires changes, and sometimes that means recognizing that small, local governments are infringing upon our rights rather than protecting them.

Book Review: James Fork of the White River, Transformation of an Ozark River

Book Review:  James Fork of the White River, Transformation of an Ozark River

Published by Lens & Pen Press, 4067 Franklin, Springfield MO 65807, $35 (buy both James Fork of the White River and Damming the Osage for $52.50 postpaid), 351 pages.

The evolution of a river in the modern era has many dimensions—geology, politics, cultures, the rise and fall of towns, commerce—and Crystal and Leland Payton have once again used various techniques to capture the modern history of the James River in Southwest Missouri. These techniques involve reproduction of old photographs, maps, and promotional brochures, and lavish new photographs. Combining these graphics with a penetrating verbal narrative, the Paytons have given us what we all want and need to know about the White River’s largest Missouri tributary.

The James originates on the dome of the Springfield Plateau, east of Springfield, near Mansfield. Other streams radiate from this high elevation—the Niangua and the Osage Fork of the Gasconade flowing northward, Bryant Creek and the North Fork of the White flowing southeastward, Swan and Bull creeks flowing south, and the James, initially flowing westward before taking a southward turn at Springfield to eventually reach the White River a few miles above Kimberling City.

Drawing on the pioneering archaeological work of Carl and Eleanor Chapman, whose courses and books about Missouri anthropology and archaeology shaped a couple of generations of students including me, the Paytons summarize what is known about occupants of the valley over the past 12,000 years until the first Anglo-Americans began visiting, then settling, in the past three centuries.

The text, supported by photographs, depicts the valley of the James and its tributaries east of Springfield as an agricultural area, once dominated by general farming, changing to cattle ranching. The authors point out that the substantial Amish communities have continued to raise a variety of crops and livestock, along the tributaries such as Panther Creek and the upper Finley.

Proceeding westward, the James and especially its tributaries that drain Springfield (Pearson, Jordan, Fassnight and Wilson creeks), are urban streams, carrying loads of contaminants. Jordan Creek runs through the heart of downtown Springfield, much of it in underground culverts; the Paytons do a great job of explaining the history and politics of burying Jordan Creek and the progress toward its exhumation and restoration. A interesting tidbit appears in a sidebar, connecting the Jordanaires vocal group that backed Elvis to this stream, a small point that typifies the richness of this book.

In addition, the role of John Woodruff, a Springfield business mogul in the years before World War II, in the development of Springfield and his pursuit of the Arcadian style of tourism is also connected to the James River. In their various books, the Paytons have explicated the attempts of various Ozarks promoters, like Woodruff, to present living and vacationing in the Ozarks as a step back into a perpetual paradise. The idea is both attractive and hollow, and the Paytons use advertising materials and historical photographs to show the efforts made to puff up this ideal, which can never been sustained.

The middle section of the James River Valley, from Springfield to Galena, has a history connected to the Arcadian ideal, some deep hill country culture, and geological curiosities. Here you’ll learn about Browns Spring, Hurley, Jenkins, Ponce de Leon, and Montague.

Galena, with a railroad, became the jumping off point for the classic Ozark float industry that began early in the 20th century. The railroad brought customers from Kansas City, Saint Louis and other Midwestern metropolises. At Galena, they could be placed into long, flat-bottomed boats, and spend several days fishing, camping and drinking, before disembarking at Branson. From there, they and their boats would be loaded on a northbound train to return them to Galena, and eventually take the fishermen to their homes. While there are lots of photos of strings of fish, I suspect that much of what happened on the river stayed on the river.

The lower James, more than the middle section, was caught up in the clamoring for a dam. The story of how the Corps of Engineers wrested dam-building away from private enterprises is well-told in the the Payton’s earlier book Damming the Osage. Similarly, with the boosting of engineering and construction firms, local politicians (especially Dewey Short) and chambers of commerce became convinced that the national interest would be served by a dam and reservoir on the White River, just below the point where the James River emptied in. The machinations resulting in the selection of the Table Rock dam site and the construction of the dam is fascinating and occupies a significant portion of the book.

I’m especially happy that the Paytons are interested in the economic and ecological health of the James River Valley. They have included opinions of several knowledgable people and provided their own thoughtful synthesis.

A short final section is entitled Guardians of Water Quality, and describes the good work of several organizations and individuals who are dedicated to monitoring, protecting and improving the water of this compromised system. The organizations mentioned are the James River Basin Foundation, Ozarks Water Watch, Watershed Committee off the Ozarks, and the Ozarks Environmental and Water Resources Institute at Missouri State University. I have worked with all these organizations, and believe that the work of each of them in public education will be helped by the publication of the James Fork of the White River.

Missouri’s Sunshine Law overrides confidentiality clause in settlement agreement and advice of counsel


On advice of its attorney, the Robinwood South Community Improvement District refused to provide a copy of a settlement agreement to John P. Strake, a member of the public who requested it.  Strake sued and filed a motion for summary judgment, stating that there was no fact question regarding whether the settlement agreement (relating to a personal injury suit) was a public record; Strake also wanted the imposition of a civil penalty and the recovery of his costs and attorney fees.

On November 10, 2015, a unanimous Missouri Supreme Court in Strake v Robinwood West Community Improvement District held that the District’s reliance on its attorney’s advice to not disclose the settlement agreement did not shield the District from being held liable for knowing and purposeful violations of the Sunshine Law.

The trial judge in St. Louis County ordered the District to provide a copy of the settlement agreement. But the trial judge also entered a judgment in favor of the District, denying the civil penalty, attorney fees and costs that were sought by Strake for the District’s knowing and purposeful violation of the Sunshine Law. The trial judge’s order did not explain why exactly she declined to impose the penalty and award costs and attorney fees, noting only that the District “was relying on the advice of counsel to avoid a lawsuit for breach of contract.”

When a city or other unit of local government enters into a settlement agreement to end a lawsuit,  officials often don’t want to encourage additional claims by disclosing how much was paid to make the plaintiff go away. Most settlement agreements contain a confidentiality clause, which may contain penalties for disclosure of the settlement terms, unless ordered by a court before the settlement is final.

Private corporations are no different, but governmental bodies in Missouri have to follow the Sunshine Law, which is Missouri’s body of statutes that require disclosure of most kinds of public records, as well as requiring that meetings of governmental business be conducted in public meetings. Some kinds of governmental records may properly be closed for a time–such as the details of negotiations to buy or sell real estate or terms of proposed settlement offers in litigation–but these records must eventually become public, unless a court determines that they should remain closed. The Sunshine Law specifies very limited grounds for keeping settlement agreements closed, not allowing courts to conceal the amounts paid by or to the governmental body.

A governmental body that knowingly violates the Sunshine Law may be penalized up to $1,000, plus paying the court costs and attorney fees of the party requesting the records. The penalty is up to $5,000 if the governmental body purposely violates the Sunshine Law, which requires proof that the governmental body had “a conscious design, intent or plan” to violate the law “with awareness of the probable consequences.” The District’s attorney had advised the District that “the most prudent course” was to refuse the request to produce the settlement agreement, while pointing out the statute that required the disclosure of the settlement agreement, apparently fearing that the consequences of breaching the confidentiality clause might be more serious than the consequences of violating the Sunshine Law.

The District’s attorney’s advice provided a basis for the Supreme Court to conclude that the District had actual knowledge of its obligations under the Sunshine Law to give the settlement agreement to Strake and the consequences of not doing so, such that its decision to withhold the settlement agreement was a purposeful violation.

The American Civil Liberties Union provided legal counsel to Strake. Those who criticize the ACLU for many of its activities should recognize that the ACLU’s action in this case was non-partisan and strongly in support in openness in government. The Missouri Press Association also participated in the appeal.

 

 

Damming the Osage


Damming the Osage: The Conflicted Story of Lake of the Ozarks and Truman Reservoir by Leland and Crystal Payton.
Published by Lens & Pen Press, 4067 Franklin, Springfield MO 65807, $25 postpaid.
See http://www.dammingtheosage.com

dto-cover-720Leland and Crystal Payton, prolific authors of books with lots of photographs about the history and culture of the Ozarks and about American culture generally, have tackled the history of human use and transformation of the Osage River. Their focus is on the political and financial machinations which resulted in the construction of Bagnell Dam and Truman Dam and their impoundments in the along the northwestern boundary of the Missouri Ozarks. Their original photographs and reproductions of graphics from newspapers, maps, magazines and advertising materials, provide a collage of images of the area before and after its transformation, as well as the images created by promoters of how it might look.

The book covers the history of the residents of Osage basin, from prehistory to the present. From its origin in eastern Kansas to Bonnots Mill, the Osage flows through prairies along the northern Ozarks border into the Missouri River, at a point seven miles east of Jefferson City. Many and diverse primary sources, such as the writings of explorers and newspaper accounts, as well as the work of archaeologists, historians and other social scientists, make the book a rich trove.

The theme of book is consistent with my own take on the history of the development of North America over the past five centuries, which is that development has been driven by the opportunities created by government investment for private investors seeking wealth through the subdivision of real estate and exploitation of natural resources. George Washington was a land surveyor, as was Thomas Jefferson’s father Peter. The Washingtons, the Jeffersons and other promoters–working hand in hand with the government–used every public and private resource they could muster to carve up the Appalachian frontier and beyond into reservations, territories and states for private and public gain. Eventually, the whole country became subdivided. In the case of the valley of the Osage River, the land was divided into lake lots and condo units and multi-purpose reservoirs.

Bagnell Dam and Lake of the Ozarks

The Paytons identify Ralph Street, an “obscure Kansas City lawyer,” and Walter Craven, a mortgage banker also from Kansas City, as the fathers of Lake of the Ozarks. Street and Craven wangled a construction permit from the Federal Power Commission for the Bagnell Dam in 1924 and began acquiring options to buy land. The FPC and the Missouri Public Service Commission awarded permanent licenses for the project in 1926 to Craven, who transferred the licenses to Union Electric in 1929, after Craven failed to obtain construction financing.

Unlike other popular accounts of dam-building in the Ozarks, the Paytons pay careful attention to what existed at various times before the construction destroyed towns (Linn Creek) and roads that connected towns, cutting off neighbors from one another. The occupation by Osage Indians is described, as well as the vain attempts to modify the river to enhance navigation in the steamboat era. Later, the valley was the pathway of railroads, many of them unsuccessful. Some sites, such a Monegaw Springs in St. Clair County and Ha Ha Tonka in Camden County, were beautiful places that captured the dreams of real estate salesmen and promoters of tourism.Caplinger Mills

Once Bagnell Dam was completed in 1931, a particular flavor of tourist development was created around Lake of the Ozarks, remnants of which may be seen along the old parts of Missouri Highway 7 and US Highway 54 that have been bypassed by newer roads. The Paytons give us color and black-and-white reproductions of tourist pottery, wood carvings, fieldstone cabins, and garish billboards, as well as the intense condo development that came in the past two decades.

Truman Dam and Truman Lake

Though the Corps of Engineers had opposed the construction of dams, including Bagnell Dam, by private companies, the Corps did not have a clear legislative mandate to build dams for flood control, hydropower, and irrigation, though it had always been engaged in construction and maintenance of levees and drainage of wetlands. In 1926, Congress asked the Corps to study 180 rivers and their tributaries to examine the feasibility of federal construction of reservoirs. The Corps’ report on the Osage basin, delivered in 1933, proposed dams on Pomme de Terre, the Osage River above Osceola, and the Grand River just north of its confluence with the Osage. In 1944, FDR approved the Pick-Sloan Plan for development of the Missouri River basin, and the dams on the upper Osage were among the 107 dams authorized.

Pointing out that “Civic organizations in Warsaw, Clinton and Osceola were convinced that a dam, any dam, anywhere on the Osage would guarantee prosperity,” the Paytons designate Haysler A. Poague, a judge in Clinton, as the “stepfather” of the Truman Dam. Poague became an advocate of one large dam at Kaysinger Bluff near Warsaw, rather than the two smaller dams proposed by the Corps in 1933.

A massive flood in 1951 convinced Congress and the public that spending money to put people to work and to control and store water was worth doing; the Paytons do not point out that the most severe drought in recorded history followed the 1951 flooding, which surely added to the public support for a water project. However, funding of the project was delayed other priorities—the Vietnam War and the War on Poverty, according to the Paytons—but the land acquisition and construction began in the mid-1960s. In 1972, just as work was beginning on the dam, the Environmental Defense Fund, the Missouri chapter of the Wildlife Society, and several other organizations and citizens, including Leland Payton, filed suit in federal court seeking to stop the construction of the project.

The National Environmental Policy Act of 1969 (NEPA) required federally funded projects to be preceded by meaningful environmental impact statements, giving environmentalists a tool to challenge the adequacy of the investigation of ecological impacts of projects. In the case of the Truman Dam, the opponents were concerned about the fate of the paddlefish, among other issues, and could also point out that the cost-benefit analysis provided by the Corps strained to show net economic benefits.

The final third of Damming the Osage depicts the political and legal wrangling over whether Truman Dam and its impoundment would be completed.
Missouri’s congressional delegation led by Senator Stuart Symington, members of the state legislature, and virtually all local officials, as well as chambers of commerce, supported the project, even though biologists and many farmers opposed it.

While the town of Clinton seems to have held its own, most of the Truman Lake area has continued to decline. Missourians have had to cope with the negatives. The Missouri Department of Conservation learned to raise paddlefish in hatcheries, so that they would not be extirpated in the Osage basin. Engineering oversights resulted in fish kills below Truman Dam and massive erosion below Stockton Dam on the Sac River, a major tributary of the Osage, which required additional land acquisition and bank stabilization.

During the same era, the Corps of Engineers’ will and ability to marshal support for dam projects seems to have ended. The Endangered Species Act of 1973 provided environmentalists with stronger arguments. After tremendous fights, Congress deauthorized dam projects on the Meramec River in Missouri and the Buffalo River in Arkansas, as elected officials listened to a broader swath of their constituents and began to question the wisdom of destroying the last few free-flowing rivers.

The Paytons have captured the spirit of the times the book covered. The text is thorough and the images are vivid. While Leland Payton was clearly opposed to the construction of Truman Dam, the positions of the proponents are fairly explained. Damming the Osage is an essential chronicle of how dams and reservoirs gain momentum and get built, even though they make sense perhaps for only a minority.Truman Dam

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